Immigration Appeals

The Board of Immigration Appeals is the highest administrative body for interpreting and applying U.S. immigration laws. The BIA reviews decisions made by immigration judges (and certain USCIS officers in limited categories) and issues binding precedent decisions. The BIA is housed within the Department of Justice's Executive Office for Immigration Review (EOIR).

The Administrative Appeals Office is the USCIS appellate body. AAO reviews denials of certain USCIS petitions and applications — I-140, I-360, certain I-130s, waivers, and others. Some USCIS denials cannot be appealed to AAO at all (e.g., most I-130 denials must be challenged through other means).

30 calendar days from the date the immigration judge issued the decision. The 30-day deadline is measured from the date the BIA receives the Notice of Appeal — not the date you mailed it. This is one of the most-missed deadlines in immigration practice.

Motion to Reopen: based on new facts or evidence not available at the original hearing. 90-day deadline; one motion per case. Motion to Reconsider: based on a legal or factual error by the original decision-maker. 30-day deadline; one motion per case. They can be filed together.

Generally no. Filing a timely Notice of Appeal with the BIA automatically stays the immigration judge's removal order during the BIA's review. Once the BIA decides (if affirming removal), you have 30 more days to file a Ninth Circuit petition — but THAT does not automatically stay removal. You must file a separate Motion for Stay of Removal with the Ninth Circuit immediately.

After the BIA denies your appeal, you can ask the U.S. Court of Appeals for the Ninth Circuit (or the circuit covering your state of residence) to review the BIA's decision. The petition is filed within 30 days of the BIA decision. The court reviews for legal errors and constitutional violations — it does not relitigate the facts.